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Barrister
Barrister, Attorney
Category: Legal
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Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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I live in Blount Co, TN. My neighbor has, for the past 5 years,

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I live in Blount Co, TN. My neighbor has, for the past 5 years, been cursing, yelling, threatening, and giving me and my family 'the finger' nearly every time we are outside. Thankfully we are gone often, but we do like to enjoy playing in the yard and of course spend time working on the yard. My minor children, my elderly father, and myself have all had to endure this man running out of his house to curse and scream at us (during normal daytime hours). How do we get him to stop harassing us?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Since his actions have no legitimate basis, you would have legal grounds to file a formal criminal complaint for harassment under TN law. Under TN Code 39-17-308 Harassment, it states:
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39-17-308. Harassment.

 

(a) A person commits an offense who intentionally:

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(4) Communicates with another person by any method described in subdivision (a)(1), without legitimate purpose:

(A) (i) With the malicious intent to frighten, intimidate or cause emotional distress; or

(ii) In a manner the defendant knows, or reasonably should know, would frighten, intimidate or cause emotional distress to a similarly situated person of reasonable sensibilities; and

(B) As the result of the communication, the person is frightened, intimidated or emotionally distressed.

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These actions would clearly meet the statutory requirements and could result in him being charged for the offense. Along with filing this complaint, you could petition for a restraining order against him for you and your family. The RO would prevent him from having any contact with you or your family. Then if he violated the RO, he could be arrested and jailed with each offense being more severe than the previous one.

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If the police aren't taking the situation seriously, then you would need to contact the DA directly and file a private complaint with them at their office.

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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

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